Self-Defense: Legal Aspects, Techniques and Importance in Society

This essay examines the multifaceted concept of self-defense, exploring its legal foundations, practical techniques, and societal significance. It delves into the essential elements of self-defense, such as provocation, imminence, the use of force, and reasonable fear, providing a comprehensive understanding of the legal justifications for self-protection. The essay also analyzes the application of physical self-defense, encompassing both armed and unarmed methods, and emphasizes the critical need for self-defense training, particularly for women, who are often targeted in attacks. Furthermore, the essay highlights the importance of proportionality and the withdrawal exception in self-defense claims, offering a detailed overview of how individuals can protect themselves and their property from imminent threats while adhering to legal standards. The essay draws upon various sources to provide a well-rounded perspective on self-defense in contemporary society.

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Stephanie Hernandez
Dr. Phillips-Scotland
ENC 1102
16 November 2021
Self Defense
Defending the self against any form of physical attack is crucial for the wellbeing and the
survival of an individual. Basically, self defense refers to the countermeasure to the physical
attack or harm on a person. In criminal justice system, self-defense refers to the justification for
the use and infliction of harm or pain on another person in order to protect the self against an
attack (Mullerson, 85). Self defense does not only entail protecting one’s self against attack, it
could also involve the use of force to protect personal property, protection against assault,
criminal homicide as well as battery among other forms of attacks which involve the use of
force. Even though the rights to self-defense are provided for by legal jurisdictions in different
states, however, different regions have different interpretations and justifications for the use of
force in defending oneself in case of danger (Thompson, 286). Every person including women,
children and every member of the society need to be ready and well equipped to detect and
protect themselves against any form of attack. In today’s society, women are increasingly
becoming targets for criminals and assailants as they are perceived to be weak and fragile and
thus unable to defend themselves against these kinds of attack. Women, just as any other
member of the society need to learn self defense so as to be well equipped and ready to counter
measure any kind of assault and criminal activity directed to them. The purpose of this work is to
discuss some of the topics and the importance of learning self-defense.

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Elements of Self Defense
There are four important elements involved in the claims for self-defense by the
defendant including provocation, imminence, the use of force and objective reasonable fear
afflicted (Servin, 230). For a claim to be considered self-defense, the defendant or the claimant
must be able to first prove that she or he was attacked with an unprovoked attack. If the claimant
is the one who initiates the attack, he is unable to claim self defense against the attacker.
However, this provision may have two exceptions depending on the circumstances. The
defendant could still raise a claim for self-defense if the attacked person employed excessive
force to respond to the attack under the given circumstances. Also if the defender was the initial
offender, he could still claim for self-defense if he or he initiated the attack and retrieved from
the attack but the attacked person continues or persist with the attack.
Imminence is another important element that is applied in claims for self-defense in the
criminal justice systems. In the justice system an attacked individual cannot employ any form of
force unless the attack is imminent. Imminent in this case means the attack is immediate and
could not wait. In case an individual is threatened to be attacked in the future, then a person
should respond by involving the criminal law enforcement to intervene through prosecution or
arrest of the perceived threat (Allhoff, 13). Furthermore an individual cannot use any force to
claim self-defense of a past attack as this is retaliation and thus not appropriate for self defense
claims. In some regions imminence claims in self-defense are extended to domestic violence
where the husband uses regular violence or force against the wife.
In responding to an attack, the level or nature of force used by the attacked also plays a
major role when making claims for self-defense. Using deadly force to respond to an attack has

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special provisions in different states when making claims for self-defense. Deadly force in these
situations refers to unreasonable and dangerous force that could potentially kill or cause serious
injuries to the attacker. While a person does not have to die for the force to be considered deadly,
deadly force could mean using a gun, knife, vehicle or an individual’s bare hands to inflict
serious injuries or death. In some states, a person is not allowed to respond to an attack with
excessive or deadly force under the underlying circumstances (Ruben, 63). For example, one
cannot respond to a non-deadly force attack using a deadly force attack. If the attacked individual
resort to using deadly force to countermeasure an attack then the defendant is allowed legally to
use reasonable force to defend one’s self against the attack. As a result, the law of self-defense
requires that an individual’s level and force of response to an attack be reasonable and match that
from the attacker. This means that a person should employ a force necessary to remove the threat
of the attack. If the attacker employs deadly force, then one can use reasonable deadly force to
eliminate the threat associated with such an attack. Proportionality in the claims for self-defense
means that the force used must be objectively reasonable given the circumstances.
Proportionality focuses on the use of deadly force and when it is legally accepted as the justified
amount of force. Generally, an individual can resort to deadly force if a reasonable individual
perceives imminent threat of death, or serious body harms and injury.
Withdrawal exception is also one of the crucial elements involved in the claims for self-
defense. For some jurisdictions the defendant may initiate an attack but still employ force to as a
means of self-defense in case the defendant or the initial attacker withdraws from the aggression
and makes known his withdrawal to the initially attacked individual. If the initially attacked
person persist to using force against the defendant even after the defendant have withdrawn

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instead of retreating involving the law enforcement, then the initial attacker is legally justified to
use force as a means to self-defense.
Physical Self Defense
Physical Self Defense involves the application of physical force, either unarmed or
armed, to countermeasure an imminent threat to attack. Whether Armed or unarmed, the chances
of success of the physical self-defense depend on different factors associated with the threat’s
severity as well as the physical and mental preparedness if the defendant. Armed physical self-
defense involves the use of weapons, whether lethal or non-lethal to counter an imminent attack.
Different kinds of weapons can be used in self-defense depending on the nature of the imminent
threat, the expertise of the defendant and the victims (Gross, 217). Nonetheless, legal
requirements play a significant role in the use of weapons for self-defense. In some jurisdictions,
firearms are accepted for to be carried by individuals while in some there are legal restrictions
regarding who to own and carry firearms. Other weapons such as knives, pepper spray as well as
stun guns are legally restricted in some jurisdictions and legal in some, however, are allowed for
some individuals holding license to such weapons. Additionally, non-harmful water based
sprays, dye makers are also used tools for self-defense.
Unarmed physical self-defense on the other hand involves the use of trained self-defense
techniques such as martial arts to counter imminent threat or attack. Some training styles are
primarily aimed at self-defense. Some combat and martial art skills can be applied in self-
defense cases. Some martial art training involves training how to escape from the attack weapon
such as knives or guns while other training involve attacking skills used when defending one’s
self from an imminent attack for example, jiu jitsu, taekwondo, karate and other combat skills..

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Nonetheless, whether armed or an armed physical self-defense, the force applied should be
appropriate and reasonable with the underlying imminent situations.
Women’s Self Defense
Women are more likely to fall victims of assaults battery and violence as they are
perceived by the assailants and criminals as weak, fragile and unable to defend themselves
against an imminent attack. During an attack, women are likely to panic which make them easily
endangered and overtaken by criminals (Rosen, 94). Just as men and other member of the
society, women should receive self-defense training in order to improve their self-awareness as
well as ability to maneuver through imminent attacks. In self-defense classes, women are taught
different self-defense techniques including verbal, mental and physical self defense mechanism.
This is especially important for women’s protection against any form of assault, domestic
violence, battery and other forms of imminent attacks.
In conclusion, Self-defense involves the justified use of force to protect oneself against
imminent attack. It involves the infliction of pain or harm to another person when protecting
one’s self from imminent threat. Some main elements involved in the claims for self-defense
include proportionality, imminence, deadly force as well as objective reasonable fear of threat.
Physical self-defense involves the use of force and may entail armed or unarmed force for self-
defense against an attack. Women become victims of assault and violence due to the perception
of them as fragile and unable to defend themselves against imminent attack. Nonetheless women
just as men need self-defense training in order to protect themselves and their property in times
of threat and attack.

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Work Cited
Allhoff, Fritz. "Self-defense without imminence." Am. Crim. L. Rev. 56 (2019): 1527.
Gross, Michael L. "Proportionate Self-Defense in Unarmed Conflict." Soft War: The Ethics of
Unarmed Conflict (2017): 217.
Hollander, Jocelyn A. "Women's self‐defense and sexual assault resistance: The state of the
field." Sociology Compass 12.8 (2018): e12597.
Mullerson, Rein. Self-defense in the contemporary world. Routledge, 2019.
Rosen, Cathryn Jo. "The Battered Woman's Defense." Controversies in Criminal Law.
Routledge, 2019. 89-99.
Ruben, Eric. "An Unstable Core: Self-Defense and the Second Amendment." Calif. L. Rev. 108
(2020): 63.
Servín Rodríguez, Christopher A. "Self-defense in International Criminal Law: analysis of its
elements with particular reference to war crimes." Nuevo Foro Penal 92 (2019): 230.
Thomson, Judith Jarvis. "Self-defense." Philosophy & Public Affairs (1991): 283-310.